After Hours Conduct Can Warrant Dismissal

By CCH

An employee on stress leave can be dismissed if his/her conduct damages hi/her employers interests, according to a decision in the Australian Industrial Relations Commission (AIRC).

The employee had been a cleaning supervisor in a shopping centre and went on stress leave and requested he be released from supervisory duties. The employee was then transferred to another site, but again went on stress leave before completing a shift. Whilst on this stress leave the employee accessed his staff locker after approaching another member of staff. The member of staff told her supervisor of this and the supervisor discussed the matter with the person on stress leave, at the shopping centre and with the employee wearing work uniform. The employee verbally abused the employee who had told the supervisor of the access to the staff locker room and the supervisor intervened in this discussion. The employee on stress leave was summarily dismissed two days later for abusing a staff member and doing so whilst intoxicated. The AIRC found the termination valid despite a flaw in procedural fairness criteria as the employee had not had a chance to formally respond to charges.

Gustav Klepacz v reflections Group Pty Ltd [2007] AIRC 189 (Ives DP) (10 April 2007)

(CCH Work Alert; issue 3, 23 April 2007; p7)